Nguyen (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning sponsorship limitations. The Tribunal was required to determine whether the sponsorship limitation under regulation 1.20J of the Migration Regulations 1994 was engaged at the time of the visa application.

The core legal issue was whether the applicant's sponsor had met the five-year waiting period required by regulation 1.20J after previously being granted a Partner visa. Regulation 1.20J imposes limitations on sponsorship, including a requirement that at least five years must have passed since the date of application for a previous relevant visa if the sponsor was granted that visa as a spouse or partner. The applicant's visa application was lodged on 28 June 2017. The sponsor had applied for a Partner visa on 29 August 2013 and was granted a Subclass 820 visa on 8 August 2014.

The Tribunal found that the sponsor's previous Partner visa application was made within five years of the current application. Consequently, regulation 1.20J was engaged at the time the applicant's visa application was made. The Tribunal was satisfied that the applicant met the sponsorship criteria under clause 820.211(2)(c) and clause 820.221(4) of Schedule 2 to the Regulations.

Given these findings, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 820 visa.